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tv   Shepard Smith Reporting  FOX News  May 22, 2019 12:00pm-1:00pm PDT

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we con graduate -- congratulate you. here's trace gallagher in for shepard smith. >> all of a sudden i hear they're going to have a meeting before this meeting to talk about the i word. >> and he was not talking about infrastructure. the president sounding off after talks a cuts off at the white house and the president bunching back after a democratic pow-wow on potential impeachment. >> the president of the united states is engaged in a cover up. >> i don't do cover-ups. we're going down one track at a time. >> to watch what happens in the white house would make your jaw drop. >> consider it dropped. he's behind bars or been behind
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bars two decades for helping terrorists. why the american taliban will walk and sooner than we expected. what is really in your wallet? the study that shows your spending habits may not be the worst thing your credit cards are doing to you. we begin with the show down between president trump and top democrats on the hill. i'm trace gagger in for shepard smith. the president ripping into house speaker nancy pelosi saying at an impromptu news conference, i don't do cover-ups. >> we have a house investigation, we have senate investigations, we have investigations like nobody has ever had before. we did nothing wrong. >> the president also said he won't negotiate policy with democrats while they continue to investigate his administration. it started this afternoon when
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speaker pelosi told reporters that president trump was involved in a cover-up minutes before a meeting. the president walked out of the sit-down as speaker pelosi started talking. the democratic leader said the president took a pass on working together. >> makes me wonder why he did that. in any event, i pray for the president of the united states. i pray for the united states of america. >> the latest back and forth puts into question whether lawmakers can get a spending deal done, increase the debt limit and pass a bill to improve america's infrastructure. we have team fox coverage. mike emanuel reporting live on capitol hill. first to john roberts reporting live on the north lawn. john? >> trace, good afternoon to you. president trump was clearly incensed after the house speaker, nancy pelosi, accused him literally 50 minutes before she was to meet with him in the cabinet room of engaging in a
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cover-up. the president could have cancelled the meeting but instead of doing that, he brought the democratic leadership over to the white house, sat them down in the cabinet room and as they were sitting there expecting him to come in and talk about infrastructure, instead he walked in through the door that leads to the oval office and let them have it. >> i walk in to look at people that just said that i was doing a cover-up. i don't do cover-ups. i walked in to the room and i told senator schumer, speaker pelosi, i want to do infrastructure. i want to do it more than you want to do it. i'd be really good at that. that's what i do. but you know what? you can't do it under these circumstances. so get these phony investigations over with. >> after saying that, sources say the president turned on his heel and walked out of the cabinet room and back into the
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oval office. he was planning to have a meeting on infrastructure. that's the way he began his day. but after what nancy pelosi said, the plan was hastily changed. the white house made out graphics and the press was to get set up in the rose garden. the democrats deal to investigate him is preventing the work of the country from getting done. listen here. >> i've said from the beginning, right from the beginning, that you probably can't go down two tracks. you can go down the investigation track and you can go down the investment track or the track of let's get things done for the american people. >> this all came to a head after the white house told don mcgahn not to comply with a subpoena to appear yesterday before the house judiciary committee. president trump said today in the rose garden that he respects the courts, he respects congress, but says that what is going on right now with
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democrats in congress is abuse and he clearly is not going to put up with it. the problem is, trace, they have a lot that they need to get done this year and of course in the next year before the election. it doesn't look like there's going to be a whole lot of interaction between the white house and democrats in congress. not in the near term, trace. >> john roberts live at the white house. thank you. team fox coverage begins now to mike emanuel who is live on capitol hill. mike? >> good afternoon, trace. the senate democratic leader that was also at the white house infrastructure meeting says the white house and congress should be able to carry out their range of duties. >> we want the president to do infrastructure. we want our congress to perform its constitutional responsibilities and create jobs, create income, create wealth for the average american. we can do both.
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it's clear the president doesn't want to do any of that. >> another key senate democrat says he doesn't understand it. president trump being under investigation is nothing new. >> what is so puzzling about today is that the president seemed to be especially troubled about the inquiries. those were going on at the last meeting. at the last meeting we had an agreement that the focus would be on them coming back with ideas for pay-fors. that wasn't done. >> the suggestion from some democrats is president trump receive some push-back from fellow republicans on a $2 trillion infrastructure package. so this was a convenient way out, trace. >> what about key republicans, mike? what do they say? >> the senate judiciary chairman says democrats should let go of their push for impeachment. >> i disagree with what the house was doing.
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i thought mueller was the final word. but we all still have to govern the country. we need roads and bridges. i can understand how the president feels like they're always -- it's never enough. >> another key senate republican says the vast majority of americans want their government to get things done. >> you know who is interested in this issue? the crank wins. the extreme on both sides. most americans, the ones that get up every day, go to work, pay their taxes, try to teach their kids morals. >> they went on to say a $2 trillion infrastructure package wasn't going to happen until the white house and congress can sort out a way to pay for it, trace. >> now it could be longer. mike emanuel live on capitol hill. thank you. we have breaking news now.
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the feds announcing new charges against michael avenatti. they're charging him with fraud and identity theft against stormy daniels. jacqui heinrich with more. jacqui? >> prosecutors say that avenatti used a fraudulent document to divert money owed to his client, stormy daniels, to his own account and spent it for personal and business purposes. avenatti allegedly helped daniels secure a book deal and stole an advanced payment on the contract by having the payer direct the money to his own account. stormy daniels didn't sign off on it and didn't know it was happening. avenatti said the indictment would be coming down last night. two hours before it was announced, he tweeted no monies related to miss daniels were misappropriated or mishandled. she received millions in legal services and spent how many sums in expenses. she only paid $100 for all that
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she received. i look forward to a jury hearing the evidence. prosecutors say michael avenatti violated the duty of an attorney, the duty to his clients as alleged to use his position of trust to steal an advance on his book deal. he stole from his client to maintain his extravagant lifestyle including to pay for a monthly care payment on a ferrari. avenatti was separately indicted on extortion charges relating to his alleged attempt to extract $20 million from nike. he's facing a significant amount of jail time and if found guilty on the charges, it's a real possibility that he could be behind bars, trace. >> yeah, we're hearing 69 years behind bars, jacqui. he's accused of stealing settlement money from other clients. thanks, jacqui. after the break, more on the talks that crashed and burned before getting off the ground. we'll talk to our senior producer for capitol hill. he says today's spat could mean
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more of a stalemate when it comes to a whole bunch of issues. d.c. going to d.c. on a jam packed tuesday afternoon on "shepard smith reporting." let's see, aleve is proven better on pain than tylenol extra strength. and last longer with fewer pills. so why am i still thinking about this? i'll take aleve. aleve. proven better on pain. you should know about the home, and need cash? newday va home loan for veterans. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank and lower your payments over 600 dollars a month. it lets you borrow up to 100 percent of your home's value. not just 80 percent like other loans. and that can mean a lot more money for you and your family. so call newday usa. they look at your whole financial picture, not just your credit score.
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>> trace: more on a dramatic day in our nation's capitol. according to our top producer on the hill, it's a rare thing that anything has ever spilled off the tracks as badly as this. we're talking about washington, which doesn't exactly have a reputation for getting things done. the house speaker setting off a firestorm after saying democrats believe the president is engaged in a cover-up. president trump accusing the democrats of playing games as planned talks between the two sides on infrastructure disintegrated. let's bring in chad pergram. we should know that chad is the one that coined that phrase
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"spilled off the tracks." your surprised that things spilled off the tracks. that's a high bar to reach. >> yeah. i don't think i've seen many things go south this fast. mitch mcconnell said he thought that they were getting close to a deal on spending caps and the debt ceiling. he thought yesterday afternoon, they could cut a deal. this went south very quickly. there was one senior house democratic source that said what happened? what went wrong? this is before the speaker and the senate minority leader returned. how could this blow up that fast? they said nothing good happens when it goes bad this quickly down there. this reminds me of a quote from stephen king in "the dark tower." he wrote "there were too many shaky hands holding lighters around too many fuses." if you think about the combust ability here, the volatility after the speaker made those comments and the president trump said what was spoken about the
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speaker, the efforts to investigate him, holding officials in contempt of congress and the democrats having the meeting to decide the way forward, too toxic a mix. even when the water is poisoned badly, that was too much, trace. >> trace: you know what struck me, chad? you talk about the animosity, what i noticed is, this is the third blow-up between pelosi and schumer and trump over the past 1 year, 1 1/2 years. there was no chuck and nancy. this is more serious. did you get that vibe? >> absolutely. here's the other thing that the president, no matter what animosity he might have to the two democratic leaders, he needs democratic votes to get things done. this morning, fox news talked to steve mnuchin. he indicated he wanted a debt ceiling agreement. they have to do it with democrats and have to do it with democratic votes.
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that's why mcconnell thought they were getting close to an agreement. because an interim spending bill or sequestration, which hit the military, that is a nonstarter. here's the problem for democrats, trace. a lot of people thought that democrats might be getting too close to overplaying their hand. nancy pelosi was kind of trying to have it both ways. we're investigating, moving contempt, moving subpoenas, moving lawsuits. the same token, not ready to push for impeachment. monday afternoon, there was a defined ratcheting up of democrats calling for impeachment. if you overplay your hand, that can backfire. this could tar moderates up for re-election in 2020. elijah cummings said to democrats, he said think about the freshmen if we're going to go for impeachment and what the consequences are there. i asked steny hoyer, would there
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be a problem going down the impeachment road. he said yes, there would. nancy pelosi dispelled that this morning before she went to the white house. >> trace: maybe your numbers are better than mine, but i read the numbers scheme here. looks to me like when you talk about going down the road of impeachment, the democrats that want that are still pretty badly out numbered by the ones that don't want that. is that a fair assessment? >> it depends who you talk to. i talked to one senior democrat this has their hand on the pulse of the democratic caucus. the vast majority of us are for impeachment. you talk to others and say they're not there. the idea that this is floating around, that's the problem. that's why democrats have to decide a path. just the fact that this is floating around means it's happening. the news flash, trace, if they do start to open a formal impeachment inquiry, forget the rest of the democratic agenda. impeachment is all-consuming and will command every cubic center of news oxygen in washington
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d.c., trace. >> trace: that is significant. the democrats campaigned on getting stuff done. we're going to get a bunch of stuff done. they laid their agenda out. as you said, if they go down this road, forget about it. >> right. they have these other bills that they want to do focusing on healthcare, focusing on wages, education. i talked about the must-do things dealing with keeping the government open and the debt ceiling. they're never going to get to daca at this rate if they can't work out a infrastructure agreement with the president. one of the issues i was told here, maybe nancy pelosi didn't have much flexibility on infrastructure or spending because she had already told her committee chairs to write the nondefense spending bills to a level of $639 billion. that's the nondefense side. so when you start talking about a specific number, you don't have a lot of wiggle room. so they might have trouble passing the appropriations bills. at this rate, they have to get the president involved, have to get republicans and they opened
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up a chasm today. >> trace: spilled off the tracks. thanks, chad. >> thank you. >> trace: the american who pleaded guilty to helping al-quaida before the attacks of september 11th walks free today. years sooner than expected. what comes next for the american taliban is next for us. ♪ dealing with psoriatic arthritis pain was so frustrating. my skin... it was embarrassing. my joints... they hurt. the pain and swelling. the tenderness. the psoriasis. i had to find something that worked on all of this. i found cosentyx. now, watch me. real people with active psoriatic arthritis are getting real relief with cosentyx. it's a different kind of targeted biologic. cosentyx treats more than just the joint pain of psoriatic arthritis. it even helps stop further joint damage.
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ayou never know what lifer life. is going[ whimpering ]ou. and from this point on nothing is going to be the same. raising a kid it's not easy. no, no, no. this way buddy. come on. no! gidget could you watch liam? it's like we're his parents. it's like you're the dad and i'm the mom and we're in a relationship. and this is our baby. [ laughing ] well... it's exactly like that! exactly! be the first to discover the secrets. at the fandango early access showing may 25th. >> trace: for the second time in two days, russian bombers flew so close to alaska that f-22 fighter jets had to intercept them. that's according to norad, a joint u.s. and canadian command. here's a russian bomber with its escort. the russian plane technically stayed in international airspace
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but crossed into a very close zone to alaska, in that area aircraft have to i.d. themselves because of national security concerns. moscow called the flights scheduled. norad reports this was the five of the intercept in the region this year. an american convicted of helping al-quaida terrorists in the month before the attacks of september 11th will walk free tom. john walker lindh was 20 years old in 2001 when american troops found him alongside militants in a raid in afghanistan. he pleaded guilty to supporting the terrorists as they plotted the attacks. a judge sentenced him to 20 years in prison but now he's getting out three years early. mike tobin reporting live from terre haute, indiana where lindh is currently in prison. mike? >> and the prison behind me is the one here, the federal prison be in terre haute, indiana from where john lindh is expected to
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walk free having served 85% of his sentence. lindh was discovered in northern afghanistan. he was indicted on ten charges. leaked documents reported by foreign policy magazine says lindh still is a jihadist. >> not just john walker lindh but anybody that is a traitor that helped people to kill or involved in knowing there's going to be an insurrection at the prison in afghanistan. >> an american cia operative, mike span, was killed in the prison uprising. the daughter of the agent, allison, tells fox news that the early release of john lindh feels like a slap in the face.
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she believes lindh could have warned span that something was happening at the prison. back to you, trace. >> trace: how are they going to keep an eye on him once he's released? >> well, the department of probation will oversee john walker lindh with a number of conditions that are special to him. he may not possess an internet capable device unless it's approved by the department of probation. he may not have a foreign passport or leave the united states even though he has duel citizenship in ireland. he may not communicate online in any language other than english. he may not communicate with anybody extremist and must undergo mental health counselling. trace, back to you. >> trace: thanks, mike. president trump considering pardoning several military service members accused or convicted of war crimes, including murder. jennifer griffin reporting live at the pentagon. jennifer? >> trace, there are indications president trump is considering
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pardoning several u.s. service members accused of war crimes ahead of memorial day. they include the four marine snipers urinating on taliban corps in afghanistan in 2011. they were caught on this video. nicklaus flatten who was found guilty for killing unarmed iraqi civilians in 2007. other possible pardons include former green beret, major matthew goldstein who admitted during a cia job interview that he killed a suspected taliban bomb maker who he was order to release. >> did you kill the taliban maker? >> yes. >> navy seal eddie gallagher's own seals turned him in for shooting unarmed civilians and killing a 15-year-old isis suspect in his custody with a knife. his trial starts soon as does goldstein's. former navy seal admiral, the
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former navy seal admiral that planned the bin laden raid issues this word of caution. >> the president needs to be careful at this point. the president can pardon whoever he thinks is appropriate to pardon. but as you know, brett, you have to be careful as a senior commander about unduly influencing the process before the investigation has been adjudicated, before it's gone to court martial, before it's gone to a trial or before it's gone to a captain's mast as we say in the navy. >> general martin dempsey said absent evidence of innocence or injustice the wholesale let go has risks to us. adding to the drama, one of the army investigators into major goldstein's case has pleaded guilty to stolen valor and the
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air force is now investigating the navy prosecutor of seal chief eddie gallagher for embedding spyware sent to his defense attorney. trace? >> trace: jennifer griffin, live. thank you. a fox urgent. president trump award ago medal of valor to public safety officers that exhibited exceptional bravery to save lives. men like the ohio state police officer that stopped the islamic extremist. a man named abduli artel who ran down students and stabbed them. he was shot and killed. and men like cedarburg, the oregon state trooper that was shot 12 times and spent 48 days in the hospital after tracking down a murder suspect. you can watch it live on democrats continue to demand the president's tax returns, but so
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far the administration not budging. the treasury secretary telling lawmakers today he feels he's following the law by not turning them over. both sides after the break. hurry into sam's club for serta's memorial day mattress hot buy for just $498 get a serta pillowtop queen mattress and free boxspring that's premium serta comfort without the premium price for a limited time only at your local sam's club
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be right back. with moderate to severe crohn's disease, i was there, just not always where i needed to be. is she alright? i hope so. so i talked to my doctor about humira. i learned humira is for people who still have symptoms of crohn's disease after trying other medications. and the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b,
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are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, remission is possible. >> trace: treasury secretary steve mnuchin telling lawmakers that he has no idea who wrote a draft irs memo that leaked to the press. the agency was told to turn over the president's tax returns to congress unless the president cites executive privilege. mnuchin refuses to give the documents. hillary vaughn reporting live on capitol hill. hillary? >> the treasury secretary saying that that draft memo never landed on his desk. he didn't see it until this morning on his way to the
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committee hearing. >> the conclusion of that memo directly contradicts the conclusion that you're relying upon. >> i actually don't believe that's the case. that memo is addressing a different issue. >> who at the irs who would have made the decision not to run this up the chain? >> i have no idea. >> are you planning to find that out? >> we're trying to find out who wrote the memo and why it wasn't distributed, yes. >> mnuchin says that this memo contradicts what their legal team and the doj has told them. that it would be unlawful for them to hand over the returns to congress. >> do you know what he's hiding? he doesn't want anybody to see them. >> i don't think he's hiding anything. >> so you don't know. >> i don't know anything about his tax returns. >> why haven't you complied with chairman neal's request? >> i think it would be unlawful. >> mnuchin told the committee
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there's no smoking gun here. he said the only reason why he won't hand over the returns is because he thinks it's unlawful. if a court tells him to do it, he will. >> and hillary, democrats are getting a bit closer to getting some of the president's tax returns. >> fox news confirming that new york state passed a new law that would allow congress to access trump's state tax returns in new york. a progressive advocacy group cheering their win in new york writing a statement. in order to circumvent this stone walling, new york lawmakers are passing law to obtain the crucial documents. all chairman neal will have to do is ask. so the legislation is headed to new york governor andrew cuomo's desk. if he signs it, democrats will get a sneak peek at the returns they've been waiting for. trace? >> hillary vaughn live for us on
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capitol hill. this tax battle is another example of the democratic push to investigate president trump. the reason the president said today he will not work with them on legislation. let's bring in alayna treene from axios. give us an idea of the timing here. it's fascinating. when did the president first learn that nancy pelosi accused him of a cover-up and then what happened after that? >> so essentially what happened is yes, the speaker made those comments about the president saying that she believed he was engaging in a cover-up. she did not go as far as saying she thought he should be impeached. and from my sources in the white house said that the president was furious when he learned of this. this was before they ever came to the white house and entered the room. the meeting was over before it began. the good thing to come in mind, infrastructure was never going to happen. the bigger issue is what happened today. he will not cooperate on any
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sort of bipartisan legislation until these investigations. what does that mean for other things? like the negotiations for the usmca and the trade deal. a lot of the people on the hill were optimistic about that as recently as yesterday. >> so if infrastructure was never on the table, it wasn't going to happen today, why not just cancel the meeting? it appears that president trump wanted to say his piece. he wanted these people in the room and say his piece that sounds like a fair assessment. >> right. we've seen these meetings before. you never really know what's going to happen in them. a lot of congressional democrats will come to the hill, hash out some sort of agreement. most of the time they don't stick to topic. it wasn't about infrastructure. it ends up turning to other issues. for example, what the speaker said this morning about
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believing that he engaged in some sort of cover-up. >> trace: i'm curious. i was talking to chad pergram earlier. i was talking about this impeachment train, how big it is. he said depending who you talk to, that's the answer you'll get. the numbers that we're hearing is they don't have nearly enough to impeach but the snow ball is rolling down the hill. >> yeah, the pressure for impeachment is growing, a really good question is how long speaker pelosi can stave off those people in her party that are calling for this. i think that there's really not another democrat in this country that is in a better position to hold off these growing calls for impeachment than speaker pelosi. the view on the hill is that if she put her foot down and said no, the chairman wouldn't defy her wishes. there's continued calls for this as the white house continuing to stone wall their requests in
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their subpoenas and depending how much they can get from the courts, they'll continue these calls to begin impeachment proceedings against the president. >> because it's a very open question about who wins in this thing. that really is the bottom line. right now it's unknown. alayna treene, good to see you. thank you so much. >> thank you. >> trace: meantime, more severe weather is tearing through parts of the country. ahead, we'll head to the midwest where more rain threatens to hit and area still picking up from the last round of wicked weather with look limu. a civilian buying a new car. let's go. limu's right. liberty mutual can save you money by customizing your car insurance, so you only pay for what you need. oh... yeah, i've been a customer for years. huh...
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shopfor up to 40% offal day eveon appliances...first use your sears card and get an extra 10% off. and you'll also get three hundred dollars cashback in points. sears, making moments matter. . >> trace: a wild site in new jersey after a dump truck crashed through the roof of a parking garage. it happened just across the river in manhattan. crews on the scene checking out the amount of damage to the garage. one person hurt. we don't believe it's serious. we're not sure what happened just before it fell through. wow. and now a fox extreme weather alert. look at some of the flooding today in oklahoma. forecasters are warning more rain is on the way. you can see the homes. talk about precariously perched. dangerously close to the rising waters. it's blamed for at least three
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deaths in the midwest and the plains. forecasters say severe thunderstorms and flash flooding will threats ten those same areas until later this week. some other storms possible in the northeast. matt finn is live for us in st. louis. matt? >> trace, the national weather service has heightened its alert for the next round of storms its forecasting saying it could bring hail, more winds and more tornadoes in states like missouri, illinois. the national coast guard said all of the spring storms that we've seen recently, the precipitation ends up here in the mississippi river which is right now flooded. you can see there's recreational area and businesses completely closed. the national coast guard says the mississippi river is at 36 feet, flood stage and expected to hit 38 feet, this portion of the river becomes closed to recreation and commerce, a big
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hit on businesses that use the river. the coast guard says all day long they have seen barges and shipments trying to get in last minute business. >> we're really at the mercy of mother nature. more rain than she drops on the upper midwest, the more water will flow into the rivers and we have no control over that unfortunately. >> the u.s. coast guard says in the 80 years that the mississippi river has been documented, this is the longest streak of flooding. as the storms move in this afternoon, areas in oklahoma, kansas, missouri are still cleaning up and assessing all the damage from the wave of storms yesterday. back here in st. louis, if you look out, you can see the louis and clark statue. the coast guard says that they use that as a stage for when flooding is severe. you can see it's already under water trace? >> trace: thanks, matt. anybody anywhere in the world
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with internet connection with access millions of documents that shed more light on the atrocities inside nazi concentration camps. 13 million records have been uploaded to a new database. it includes prisoner cards and death notices and helps tell the story of more than two million people. the organization's director says maki making these documents as accessible now so valuable as so few holocaust survivors are still living. >> members of the public have hit road blocks when trying to find out information about family members. there's a lot of stuff here, this new online archive was created by the international tracing service in germany which
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renamed itself. the service is working in partnership with the world holocaust center. more than 13 million documents featuring information on 2.2 million people persecuted by the nazi regime is the focal point of the archives, which will continue to expand. the current database upload is the first of several large collections scheduled to go online in the future. searching nor documents from concentration camps like prisoner cards and death notices have in the past been a painstaking process. going through physical archives with file folders and drawers. the archive is one of the largest collections of nazi persecutions held anywhere in the world. so large in fact that if you were to line up all of the files, they would stretch to 16 miles in length. they had documents about individual prisoners like
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transport lists and other prisoner lists from the various camps and photos of personal belongings. another feature of the digital archive is creating a system with names, maps and where death marches took place to help locate additional information, trace. >> it seems like a lot of people have jumped online to check this out. >> they have. just this afternoon we spotted a tweet from arolson archive stating thousands have visited the site. more than 20,000 users have already accessed the new #onlinearchives which we made. thanks for your interest and valuable feedback. the director of the archives has said that it's imperative to preserve documents and details adding these are the witness to nazi atrocities. trace? >> yeah, super cool. laura ingle live. thank you. up next a new study claims that
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something that you carry around with you and use all the time is dirtier than the handle of a toilet in a public bathroom in new york city, mind you. not your cell phone. i'll tell you what it is coming up. are you a veteran,
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>> trace: your credit and debit cards might be making you sick. not because of all the money you spent but because they're full of germs. the new study from the lend edu website says credit cards and debit cards are dirtier than cash. the study found the cards were filthier than some of the most germ riden places that you can imagine like new york city subway or a urinal handle at penn state. experts say they recommend wiping the cards and washing
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your hands before and after you use them. a lot of hand washing. on a sad story, the family of a university maryland freshman that died from adeno virus is consider suing the school. according to the centers for disease control and prevention, the virus is contagious and can cause a wide range of illnesses from the common cold to pneumonia to neurological problems. the father of olivia perigold said his daughter would be alive had the university shared more information. when olivia went to the hospital before the school announced the outbreak, doctors treated her for bacterial pneumonia. the university maintains it follows cdc guidelines but oliv olivia's father says there's no way the school could have done anything right. brian, why not just flag the parents? you know it's bad. flag the parents. i'm not taking sides. >> yeah, trace, if there was ever a case that is going to raise awareness and bring about
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social change, this is the case. what a heart breaking story. university of maryland knew that olivia was compromised. she started coughing even in september. it's even bigger than that. there was mold in her dorm room at the university of maryland knew about the mold outbreak. that was further compromising her immune system. then the university of maryland told that she got pneumonia and they knew that there was an adeno virus going on and they dent tell the family. >> trace: new hampshire right. the cdc does not require they notify the family. we had 11 kids in new jersey that died of the adeno virus. this kid had crohn's disease. common sense let's put up the red flags for safety. >> olivia was greatly compromised. on top of that, in order to treat this virus, you have to
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have a strong antibiotic. it talks about a week to work into the system. so every minute counted beginning in november of last year. so had the university of maryland told the family about the virus outbreak, there may have been enough time for olivia to go get the treatment and overcome the disease. >> trace: but the school has a decent point here. they said she wouldn't to two outside medical centers and not diagnosed with adeno virus. so their point is, maybe the other medical centers should share in the blame here. >> right. the university is going to argue a couple of things. first, they're going to argue that they weren't required by cdc to disclose. secondly, they're going to argument even if we told her the medication doesn't work and cure her and third that there were some two medical care providers that didn't even test for the virus that gets to what is
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called legal cause situation. did the university tell the family? was that the legal cause? they're going to argue no. >> trace: so you cover these cases. is it a push or is this strongly one-sided? >> it would have been 50/50, i think. it would have been teetering on the fence but for a major controversy that was taking place at the university of maryland at the time. remember jordan mcnair from the university of maryland. the university failed to call paramedics for an hour. he died. the university president was forced to step down. the university didn't want another black eye and in the end this case settled out of court. >> trace: and they thought maybe this could be worked out for everybody's benefit. >> thanks for having me. >> trace: after the show we'll have a fox news update on facebook watch. streaming live on the home page
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a few minutes from now. once it's over, it's available to you any time on demand. not really sure what happened to the corner of wall and broad but couldn't have been too bad. there it is. down 97. when news breaks out, we'll break in. neil cavuto right now. >> no one is above the law including the president of the united states. we believe the president of the united states is engaged in a cover-up. >> i just saw that nancy pelosi just before our meeting made a statement that we believe the president of the united states is engaged in a cover-up. i don't do cover-ups. >> he just took a pass. just makes me wonder why he did that. >> neil: he said, she said. in any event, everything off. the infrastructure talks that were supposed to be on, are now off. that's not the only thing that may be. the debt ceiling, the budget and a lot of other things now likely